Jacksonville Criminal Attorney Blog

When most people get arrested for DUI (Driving Under the Influence) in Florida, they have been driving a car. DUI law prohibits you from driving a "motor vehicle" while impaired. Police in Marion County arrested a man last week for DUI on a riding lawnmower. Police say Ron Martin was riding a lawnmower on a road and drove it into a bus.

When police made contact with Martin, they noted the typical "clues" of impairment that almost every officer notes in a DUI arrest. They smelled the odor of alcohol coming from his breath, saw bloodshot, watery eyes, heard slurred speech, and said that Martin was unsteady on his feet. In a Jacksonville arrest for DUI, JSO DUI officers almost always note these observations.

Marion County police also arrested Martin for grand theft because the lawnmower was stolen.

Our Jacksonville Criminal Attorney, Tori Mussallem, received a 5 star review from a former client. The client was arrested in Jacksonville for aggravated battery and through her work, Ms. Mussallem was able to get his charges dropped. The client said that our criminal lawyer was responsive, trustworthy, knowledgeable, and kept him informed through every step of the process.

When you are arrested anywhere, including Duval County, Nassau County, and Clay County, it can be a very stressful time. You need a criminal defense lawyer who not only understands the criminal law aspect of the case, but also understands your needs. At our Jacksonville criminal law firm, we understand that you are very scared about the possible outcome and want to be informed. Mussallem & Forbess is a criminal defense firm that handles 100% criminal law. Our defense lawyers are available to you 24 hours a day 7 days a week.

After an arrest in Jacksonville, different attorneys have different duties to our criminal justice system. The assistant state attorney is the person prosecuting the case. It is their job to bring the highest charge against a defendant that they think they can prove. They are encouraged to discuss the case with the Jacksonville criminal defense lawyer and to try to reach an agreement. The prosecutor, after the arrest, can drop the charges, make a recommendation to the judge about a sentence if the defendant enters a plea straight up to the judge, or agree to a specific sentence. The state attorney HAS to tell the judge all material facts known to them relating to the crime and relating to the defendant's criminal background.

The criminal attorney also has responsibilities. A criminal lawyer in Jacksonville cannot make a plea agreement with the prosecutor without the full consent of the client. The criminal defense lawyer has to tell the client all offers from the prosecutor and keep the client advised of all matters relating to the case. A good criminal defense law firm will be highly accessible. Our criminal law firm, Mussallem & Forbess, is available 24 hours a day 7 days a week. Problems don't just happen from 8:00 to 5:00. That is why one of our Jacksonville criminal defense lawyers is available anytime to discuss your case.

The state of Florid has many laws that protect elderly people. An elder person is defined as someone who is 60 years-old or older who suffers from the infirmities of aging. It is a crime in Florida to knowingly, by lying or intimidation, to use an elderly person's funds or property with the intent to deprive that person of the possession of their money or property. The police take into account whether or not the person committing the crime is in a position of trust with the elderly person or whether or not they have a business between them.

If the money or property involved is valued at $100,000 or more, the suspect can be arrested in Jacksonville for a first degree felony.

If the money or property is valued at between $20,000 and $100,000, the suspect can be arrested for a second degree felony.

If it is valued at less than $20,000, the suspect can be arrested for a third degree felony.

There are many crimes in Florida that prohibit committing "nuisance" crimes. Here are some interesting ones:

1. You can't build a bonfire within 10 rods of a house or building. If you do, you can be arrested in Jacksonville for a second degree misdemeanor.

2. If you have a building that houses public entertainment, such as a theater or music venue, you have to have doors that open outward.

3. You can't own any store, warehouse, home, or structure where drugs are illegally kept, sold, or bought knowingly. If you do, you can be arrested for a third degree felony in Jacksonville.

4. You can't smoke in an elevator. If you do, you are committing a second degree misdemeanor.

There are several crimes in Florida that cover computer, or cyber-crime. It is against the laws in Florida to willfully and knowingly (without authorization):

1. Access any computer or computer system or network.

2. Disrupt computer services to authorized users.

3. Destroy or injure equipment or supplies used in computer systems or networks.

4. Introduce contaminant (bugs or viruses) into any computer system or network.

If you commit any of the above and damage a computer or its equipment and the damage is valued over $5000.00 or commit the crime as a scheme to defraud, or interrupt a government operation, you are facing 15 years in prison because the crime is a second degree felony in Florida.

If you commit any of the above and endanger someone's life, you could be arrested for a first degree felony in Jacksonville. If arrested for this felony in Jacksonville, you are facing up to 30 years in prison.

There are many crimes in Jacksonville and all of Florida concerning guns. You can be arrested for carrying a concealed firearm, possession of a gun by a convicted felon, improper discharge, etc. Here are some definitions applicable to gun laws in Florida:

Firearm - any weapon which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive. An antique gun is not considered a firearm unless it is used in the commission of a crime.

Machine Gun - a firearm that shoots more than one shot automatically by the single function of a trigger.

Short-Barreled Shotgun - a shotgun having a barrel less than 18 inches in length.

Short-Barreled Rifle - a rifle having a barrel less than 16 inches in length.

Weapon - any knife, brass knuckles, or device that is deadly, but is not a firearm.

If you are arrested on gun charges in Jacksonville and you have questions, contact a Jacksonville gun attorney.

Kidnapping and False Imprisonment are different crimes in Florida. Kidnapping is when someone forcibly abducts or imprisons someone against his or her will without authority. The "kidnapper" must also have the intent to hold the victim for ransom, commit any felony, inflict bodily harm on the victim, or interfere with the performance of a government function. If found guilty of kidnapping in Florida, the defendant it is facing a first degree felony. If the "kidnapper" kidnaps someone a child under 13 years-old and in the course of the kidnapping commits aggravated child abuse, sexual battery, lewd or lascivious battery, lewd or lascivious molestation, prostitution, or exploitation of the child, this elevated the charge to a life felony. The kidnapping laws are the same whether you are arrested in Duval County, Clay County, Nassau County, or any county in Florida.

Statute of Limitations is a legal term that means if a crime is committed, the government has a certain period of time to prosecute. That means if they think that you committed a crime, such as domestic battery in Jacksonville, the police and state attorney have to arrest and prosecute you within a certain time. Here are some of the time limits in Florida:

Second Degree Misdemeanor, such as reckless driving in Jacksonville: 1 year

First Degree Misdemeanor, such as DUI in Jacksonville: 2 years

Capital Felony, Life Felony, or Felony resulting in Death, such as sexual battery in Jacksonville: No time limit

First Degree Felony: 4 years

If the felony resulted in an injury to someone with a destructive device: 10 years

Most other felonies in Jacksonville: 3 years

The time limits run if you have not tried to evade capture and have stayed in Jacksonville during the period. You should contact a Jacksonville criminal defense attorney if you have questions about the statute of limitations in your criminal case.

Under Florida law, the police can strip search you only under certain conditions. Strip search is defined as having someone who is under arrest take off or arrange their clothing so an officer can do a visual or manual inspection of your genitals, backside, anus, or breasts. You can only be strip searched if:

1. The officer has probable cause to believe you are hiding a weapon, drugs, or controlled substance.

2. A judge at first appearance denies bond and you can't get out of jail.

3. Every search is performed by someone the same sex as the arrested person and is conducted in a private place.

4. The search is performed in clean environment.

5. The officer gets written permission from a supervisor.

Possession of drug paraphernalia is a first degree misdemeanor in Florida. That means if you are arrested for possession of paraphernalia in Jacksonville, you are facing up to a year in jail.

Drug paraphernalia includes all equipment and materials which are used or intended for use in planting, harvesting, preparing, packaging, ingesting, or otherwise getting illegal drugs into your body. Examples of paraphernalia are:

1. Pot Growing Kits
2. Pipes
3. Plastic Baggies
4. Scales
5. Bowls and Spoons
6. Bongs

Some of these items are not in and of themselves illegal. It is the way they are used. Police make the determination of how they are used when they arrest you. It is up to the state attorney to prove that their determination was correct. If you have been arrested for possessing paraphernalia in Jacksonville, Clay County, or Nassau County, contact a Jacksonville Drug Law Firm to discuss your case.

If you are arrested for a drug crime in Jacksonville or anywhere in Florida, the penalties have the potential to be very severe. If you possess under 28 grams of cocaine, you can be arrested for possession of cocaine facing up to 5 years in prison. If you have 28 grams or more and less that 200, there is a minimum mandatory of 3 years in prison and you have to pay a $50,000 fine. IF you have 200 or more and less than 400 grams, you are facing 7 years minimum in prison with a $100,000 fine. If you have 400 grams and less than 150 kilograms, you are facing 15 yeas and a $250,000 fine. These minimums apply to "trafficking amounts" of cocaine.

When you hear the word "trafficking", you may think that the law only applies when you are selling the cocaine. Under Florida law, you don't have to sell drugs to traffic drugs. If you buy, manufacture, deliver, or simply possess it, that can be trafficking. In other words, trafficking drugs just means you possessed a large amount of drugs. Contact a Jacksonville cocaine attorney to discuss your rights if you have been arrested for a drug crime in Florida.

The federal government has issued a memo telling prosecutors not to prosecute medical marijuana users who follow their state's laws. Washington, Oregon, Nevada, California, Alaska, Hawaii, Michigan, Vermont, Maine, and Rhode Island are all states that allow marijuana use and growing for people with prescriptions. New Hampshire and Delaware are considering relaxing their pot laws as well. Even though these states allow pot use for medical reasons, the United States government still considers it illegal activity and can arrest these people on federal drug charges.

In Florida, it is against the law to possess, grow, and sell pot. Even though it is a non-violent crime, people are sent to prison because of this plant. If you are arrested on pot charges in Jacksonville, contact a Jacksonville Pot Attorney to discuss your rights.

The former police commissioner, Bernard Kerik, is now back in jail because a judge revoked his bond. Kerik originally bonded out with a $500,000 bail, but the judge said he violated a court order by talking about his case.

If you are out on bond in Jacksonville, the judge can revoke your bond if you are arrested for a new crime in Jacksonville and that crime is supported by probable cause. A judge can also revoke your bond if you violate the terms of the bond. For example, if you have been arrested for domestic battery in Jacksonville and part of your bond will probably be to have no contact with the victim. If a judge thinks that you had any kind of contact, he or she can revoke your bond and put you back in jail. Before your bond is revoked, you are entitled to a hearing and a Jacksonville Bond Attorney can argue on your behalf.

There are two types of criminal cases in Jacksonville, Florida. They are felonies and misdemeanors. Felonies, in general, are crimes that are punishable for over one year in prison. Misdemeanors are punishable for 12 months or less.

There are several felonies. A capital felony is punishable by death if the appropriate hearings occur. A Life Felony is punishable by life in prison. A First Degree Felony carries 30 years maximum in prison. A Second Degree Felony is punishable for up to 15 years in prison. A Third Degree Felony is the lowest degree felony punishable for up to 5 years in prison.

When an injunction is entered against you, whether it is permanent or temporary, there are many ways you can violate it. If you are found in violation of an injunction in Jacksonville, you can be arrested for a misdemeanor facing up to a year in jail.

The ways you can violate are:

1. You refuse to leave the house that you share with the petitioner.

2. You go within 500 feet of the petitioner.

3. You go within 500 feet of the petitioner's house, school, or work.

4. You get in touch with the petitioner yourself or through someone else.

5. You batter the petitioner.

6. You refuse to give up your gun if you are mandated to give it up in the injunction.

It is very easy to get arrested for violation of injunction. If you think you are going to be arrested or you have been, you should contact a Jacksonville Injunction Attorney to go over your case.

Florida has some interesting laws regulating alcohol. Here are some:

1. If you own or have in your possession less than 1 gallon of home manufactured liquor, you can be arrested in Jacksonville on a second degree misdemeanor. If you have 1 gallon or more of it, you could be arrested for a felony.

2. You can't drink alcohol at drive-in stands unless within the building you are standing next to has a liquor license.

3. If a riot begins, all people who sell alcohol have to immediately stop selling alcoholic beverages and close all bars.

4. You can't sell or even give alcohol to anyone who is a habitual drunkard. If you do, you can be arrested in Florida for a misdemeanor.

Traffic fines have just jumped this year in Florida. Here are some fines associated with different violations:

Pedestrian Violations (jaywalking) $15.00

Nonmoving Traffic Violations $30.00

Speeding

1-5 mph over Warning
6-9 mph over $25
10-14 mph over $100
15-19 mph over $125
20-29 mph over $150
30 mph and above over $250

If you are speeding in a school zone or construction zone, you will have to pay double the fine depending on how fast you were going.

When you get a speeding ticket in Jacksonville or any traffic ticket, you can pay it, fight it yourself, or hire a Ticket Attorney in Jacksonville to fight it for you.

In the past few years, JSO has been cracking down on car racing on Jacksonville's streets. If you are caught racing, you can be arrested in Florida for a misdemeanor. For a first offense, you are facing up to one year in jail and a fine between $500 and $1000. If you get a conviction, the DMV will suspend your license for 1 year.

If you are arrested for racing within 5 years of another violation, it is still a misdemeanor in Jacksonville, but your license can be revoked for 2 years.

To be convicted of racing, the prosecutor has to prove that you drove a vehicle in any race or acceleration contest on any highway, road, or parking lot or participated in ANY way with the race. This includes videotaping the race or being a passenger in the seat of a racing car.

When you have been arrested in Jacksonville for a felony and you enter a plea to a charge, you may be eligible for a "withhold" of adjudication. That means that you will not be convicted of the charge and thus not a convicted felon.

If you are found guilty or enter a plea to certain felonies in Florida, the judge cannot withhold adjudication. They are for any capital, life, or first degree felonies.

If the charge is a second degree felony, the judge cannot withhold unless:

1. The prosecutor asks for it in writing or

2. The judge writes reasons based on circumstances surrounding the case.

If you were charged with a third degree felony in Jacksonville, the judge can withhold adjudication if it is your first time. If this is your second third degree felony, the judge cannot withhold unless the prosecutor requests it in writing or the judge makes written findings about why it is appropriate a second time.

You cannot get a withhold of adjudication if you have two prior withholds for felonies.

As a Jacksonville Felony Lawyer, if my client has been arrested for a felony, my first goal is to get the case dropped. If the state attorney files the case, our Jacksonville Criminal Law Firm fights the charges in court. If our client wants to enter a plea to a felony, we do everything we can to prevent our client from becoming a convicted felon.

Many people have heard of injunctions, but what is an injunction for protection against domestic violence in Jacksonville? It is for a person who is family or is a household member of the "respondent" (person who injunction is against). That person has to prove that they have been:

1. the victim of domestic violence in Jacksonville or

2. has a reasonable belief that he or she is in imminent danger of becoming a victim of a domestic battery in Jacksonville.

The "petitioner" (person who seeks the injunction) has to sign a sworn petition stating facts that support their allegations. When you go to an injunction hearing, you can have a Jacksonville Injunction Attorney with you or you can represent yourself. Often, people choose to go by themselves instead of hiring a Jacksonville Criminal Lawyer.

In the injunction hearing in Jacksonville, the judge will call up both parties and hear from both sides. If the judge thinks the allegations most likely are true, he or she will grant the injunction. The judge can make the injunction permanent or temporary.

Jacksonville Jaguar, Quentin Groves, has received a "warning" for leaving the scene of an accident while on the way to the airport for a game. He is accused of an improper lane change that caused an accident with $28,000 worth of damage to the cars. Groves then drove his car away and a witness chased him while calling police.

Groves was lucky because he was not arrested in Jacksonville. If the driver of any car is involved in any crash that results in damage to the property of another and the property (car) is being driven at the time, he is required to stop at the scene. If he does not, he could be arrested for leaving the scene of an accident in Jacksonville, which is a second degree misdemeanor punishable for up to 60 days in jail.

If the driver is involved in a crash that results in the death of any person, they must immediately stop at the scene. If the driver does not, he could be arrested for a first degree felony punishable for up to 30 years in prison. If the driver is also DUI in Jacksonville, he faces a 2 year minimum mandatory punishment.

More and more women are being sentenced to prison time in Florida. According the the Department of Corrections, the amount of women sentenced to prison time has doubled in 10 years. This year, there are 882 women under 25 years-old currently in prison. The breakdown of the ages of these women is:

24 - 207 inmates

23 - 170

22 - 143

21 - 125

20 - 125

19 - 50

18 - 26

17 - 6

16 - 3

One of the reasons the number has gone up is juvenile "direct file" cases. This is when someone under 18 gets arrested for a felony and the government treats them as an adult. In Jacksonville, if a juvenile is arrested for a felony, especially one involving a gun or violence, there is a good chance they will be treated as an adult. The goal of any Jacksonville Juvenile Attorney is to keep their client in juvenile court.

According to the Department of Motor Vehicles in Florida, here are the numbers on alcohol-related traffic accidents (including DUI accidents in the Jacksonville) in our area:

Jacksonville
2008 - 8% of total crashes involves alcohol

Jacksonville Beach
2008 - 24%

Atlantic Beach
2008 - 28%

Neptune Beach
2008 - 38%

Fernandina Beach
2008 - 20%

Orange Park
2008 - 8%

Green Cove Springs
2008 - 14%

Ponte Vedra Beach
2008 - 19%

St. Augustine
2008 - 15%

St. Augustine Beach
2008 - 15%

As you can see, alcohol related traffic accidents occurred more often in the beaches area than in town.

If the police turn their blue lights on, the common citizen would think they were being pulled over. They would believe they were not free to leave. The Florida Supreme Court agrees.

There was a case just decided in Florida and the Florida Supreme Court ruled that flashing police lights detains the person they are aimed at. Our constitution does not allow the police to detain anyone unless they have reasonable suspicion that the person is breaking a law. If the police flash their lights at you for no reason and they eventually find drugs in your car because of the stop, a Jacksonville criminal defense lawyer could move the court to suppress the drugs because the police did not have the right to pull you over in the first place.

In my experience as a criminal attorney in Jacksonville, if the police flash their lights and you pull over abruptly, the police consider that to be a sign of impairment. If you pull over too slow, JSO thinks you are fleeing or eluding them or resisting without violence. No matter what the circumstances, if a marked police car flashed their lights at you, you are not free to go about your business.

Ronald Lilly, a former president of the North Florida Regional Chamber of Commerce, has been arrested for fraudulently obtaining property valued under $20,000. (fraud charges) He is accused of issuing checks to himself and another person for services not performed. He is also accused of buying a golf cart with the chamber's money for his own use.

This fraud charge is a felony in Florida and can carry time in prison. Currently, Lilly is being held in jail on a $75,000 bond.

If his fraud case was being handled in Duval County, the state attorney's office has a specialized division to handle fraud charges in Jacksonville. The department is called "Special Prosecution" and certain attorneys handle all criminal fraud cases.

If you have been arrested for a felony in Jacksonville and enter a plea to a felony charge, you are entitled to a presentence investigation report, also called a PSI. The Florida Department of Corrections prepares these reports and they are to aid the judge in making a determination of a defendant' sentence. These reports contain:

1. A complete description of the circumstances surrounding the crime

2. Information about the defendant's criminal history

3. The defendant's educational history

4. The defendant's employment history

5. The defendant's financial status

6. The social history of the defendant. (family, etc.)

7. Residence History

8. Medical History

9. The victim's loss or injury.

10. The defendant's criminal defense lawyer's statement.

At the end of the report, the evaluator makes a recommendation to the court about the sentence. The judge can choose to follow the recommendation or not.

When you are arrested on criminal charges in Jacksonville or anywhere in Florida, you will have a scoresheet. The prosecutor scores out the offense you are charged with and adds in points for crimes you have been convicted of in the past. Your "score" is a guide or recommendation for the court to follow. The prosecutor can "waive" the guidelines allowing the judge to sentence you to below the recommendation.

If the prosecutor does not waive the guidelines, the judge can depart from them on their own if he or she considers all aggravating and mitigating factors in your case. If a judge wants to go above the guidelines, some aggravating factors to consider are:

1. The defendant committed multiple crimes in separate episodes.

2. The crime was particularly heinous or cruel.

3. The crime was committed less than six months from a defendant's release from prison on
another charge.

4. The defendant was the leader of a criminal organization.

5. The defendant was an elected official and used his or her office as a cover.

6. The victim was vulnerable because of his or her age or a disability.

If a judge wants to depart downward (give a sentence less than the guidelines), some mitigating factors to consider are:

1. The defendant was a minor participant in the crime

2. The defendant's mental capacity to understand the criminal aspects of his or her behavior was impaired.

3. The defendant has a mental condition that requires special treatment.

4. The ability to pay back the restitution to the victim outweighs a prison sentence.

5. The victim of the crime was a willing participant, aggressor, or otherwise provoked the incident.

6. At the time the crime was committed, the defendant was too young to appreciate the consequences of his or her behavior.

If you have pending criminal charges in Jacksonville or are a friend or relative of someone who does, witness tampering can come up. As a Jacksonville criminal defense lawyer, I have had many clients who want to contact the alleged victim in a domestic battery case or call the witnesses to their DUI case. I always warn them to be careful to not try to sway the witness or victim because they could be charged with witness tampering.

You can be charged with this in Jacksonville if you use intimidation, force, or threat to make someone to:

1. Withhold testimony

2. Alter or destroy evidence

3. Evade a lawful summons (subpoena)

4. Not appear at an official proceeding when they have been served with a subpoena)

5. Testify falsely at an official proceeding

If the pending criminal charge in Jacksonville is a misdemeanor, tampering with a witness is a third degree felony punishable for up to 5 years in prison.

If the criminal charge was a third degree felony, tampering carries a 15 year maximum as a second degree felony.

It will be a first degree felony to tamper with witnesses in a second degree felony case in Jacksonville.

There are 2 DUI cases in Jacksonville that have caused a problem for the state attorney's office. The office is prosecuting 2 judge's sons on DUI charges and the prosecutor claims that the judges who are hearing the cases are biased because they themselves are judges. While one judge agreed to recuse himself from the case, the other will not.

In order to disqualify a judge from a criminal case in Jacksonville, Florida, the person moving for the disqualification has to file an affidavit stating there is a fear that he will not receive a fair trial in court because of the prejudice of the judge. The affidavit has to set forth facts that provide the basis for the belief that the bias and prejudice exists. It also must have a certificate from the attorney filing the motion that it is filed in good faith.

The motion has to be filed in a reasonable time after the attorney discovers the potential conflict, but that reasonable time cannot go past 10 days. Usually it is a defendant's criminal defense lawyer that moves to disqualify a judge, not the state attorney's office.